Boschbank Plaas (Pty) Ltd and Another v Mahlangu and Another (LCC 14/2006) [2010] ZALCC 13 (14 May 2010)

Boschbank Plaas (Pty) Ltd and Another v Mahlangu and Another (LCC 14/2006) [2010] ZALCC 13 (14 May 2010)

The court found that the first respondent's right of residence on Boschbank Farm was linked solely to her employment, which was terminated following disciplinary proceedings. There was no evidence that the respondents or their parents were labour tenants, nor that the second respondent established a new dwelling or was authorized to do so. The applicants complied with all procedural requirements under ESTA, including proper notice and service on the relevant authorities. The relationship between the applicants and the first respondent had irretrievably broken down due to repeated breaches of employment duties and disruptive conduct. Evidence showed that the respondents had alternative...

Citation
[2010] ZALCC 13
Parties
Applicant: Boschbank Plaas (Pty) Ltd; Applicant: L J Krynauw; Respondent: B.P Mahlangu; Respondent: J Mahlangu and their dependants
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
14 May 2010
Case Number
LCC 14/2006
Procedural Posture
Eviction Application / Final Judgment After Oral Evidence
Outcome
Eviction order granted against the respondents and all who hold occupation under them.
Judges
MIA
Legal Topics
Extension of Security of Tenure Act, Eviction Procedure, Right of Residence, Alternative Accommodation
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Procedure Right of Residence Alternative Accommodation

Case Brief

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Parties

Boschbank Plaas (Pty) Ltd

Applicant

L J Krynauw

Applicant

B.P Mahlangu

Respondent

J Mahlangu and their dependants

Respondent

Procedural Posture

Eviction Application / Final Judgment After Oral Evidence

Legal Issues

  1. 1 Whether the respondents' right of residence on Boschbank Farm arises solely from an employment agreement.
  2. 2 Whether the respondents or their parents were labour tenants or farm workers.
  3. 3 Whether the formal requirements for eviction under ESTA have been met.

Ratio Decidendi

The court found that the first respondent's right of residence on Boschbank Farm was linked solely to her employment, which was terminated following disciplinary proceedings. There was no evidence that the respondents or their parents were labour tenants, nor that the second respondent established a new dwelling or was authorized to do so. The applicants complied with all procedural requirements under ESTA, including proper notice and service on the relevant authorities. The relationship between the applicants and the first respondent had irretrievably broken down due to repeated breaches of employment duties and disruptive conduct. Evidence showed that the respondents had alternative...

Court Disposition

Eviction order granted against the respondents and all who hold occupation under them.

Orders

  • The eviction order is granted.
  • The first and second respondents and all who hold occupation under them, including minor children and children in their custody, are to vacate the residence at Boschbank Farm on or before 10 August 2010.